History. Code 1981, § 51-12-33 , enacted by Ga. L. 1987, p. 915, § 8; Ga. L. 2005, p. 1, § 12/SB 3; Ga. L. 2022, p. 802, § 1/HB 961.
The 2022 amendment, effective May 13, 2022, in the first sentence in subsection (b), substituted “one or more persons” for “more than one person” near the beginning, and inserted “person or” near the end. See Editor's notes for applicability.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2005, “or” was substituted for “and” near the beginning of subsection (g).
Editor’s notes.
Ga. L. 2005, p. 1, § 1/SB 3, not codified by the General Assembly, provides that: “The General Assembly finds that there presently exists a crisis affecting the provision and quality of health care services in this state. Hospitals and other health care providers in this state are having increasing difficulty in locating liability insurance and, when such hospitals and providers are able to locate such insurance, the insurance is extremely costly. The result of this crisis is the potential for a diminution of the availability of access to health care services and a resulting adverse impact on the health and well-being of the citizens of this state. The General Assembly further finds that certain civil justice and health care regulatory reforms as provided in this Act will promote predictability and improvement in the provision of quality health care services and the resolution of health care liability claims and will thereby assist in promoting the provision of health care liability insurance by insurance providers. The General Assembly further finds that certain needed reforms affect not only health care liability claims but also other civil actions and accordingly provides such general reforms in this Act.”
Ga. L. 2005, p. 1, § 14/SB 3, not codified by the General Assembly, provides for severability.
Ga. L. 2005, p. 1, § 15(b)/SB 3, not codified by the General Assembly, provides that the amendment of this Code section by that Act shall apply only with respect to causes of action arising on or after February 16, 2005, and any prior causes of action shall continue to be governed by prior law.
Ga. L. 2022, p. 802, § 2/HB 961, not codified by the General Assembly, provides that this Act shall apply to all cases filed after May 13, 2022.
Law reviews.
For article, “Products Liability Law in Georgia Including Recent Developments,” see 43 Mercer L. Rev. 27 (1991).
For article on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 221 (2005).
For annual survey of trial practice and procedure, see 57 Mercer L. Rev. 381 (2005).
For survey article on evidence law, see 60 Mercer L. Rev. 135 (2008).
For note, “The Effect (Or Noneffect) of the 2004 Amendments to O.C.G.A. §§ 51-12-31 and 51-12-33 on Joint Liability in Georgia,” see 44 Ga. L. Rev. 215 (2009).
For annual survey on trial practice and procedure, see 64 Mercer L. Rev. 305 (2012).
For article, “Who Owes How Much? Developments in Apportionment and Joint and Several Liability Under O.C.G.A. § 51-12-33 ,” see 64 Mercer L. Rev. 15 (2012).
For comment, “Where Do We Go From Here? The Future of Caps on Noneconomic Medical Malpractice Damages in Georgia,” see 28 Ga. St. U.L. Rev. 1341 (2012).
For article, “The Seat-Belt Defense in Georgia,” see 65 Mercer L. Rev. 19 (2013).
For annual survey on construction law, see 65 Mercer L. Rev. 67 (2013).
For annual survey on trial practice and procedure, see 65 Mercer L. Rev. 277 (2013).
For annual survey on construction law, see 66 Mercer L. Rev. 27 (2014).
For annual survey on insurance law, see 66 Mercer L. Rev. 93 (2014).
For annual survey on trial practice and procedure, see 66 Mercer L. Rev. 211 (2014).
For annual survey of tort law, see 68 Mercer L. Rev. 279 (2016).
For article, “Premises Liability and Apportionment Following Martin v. Six Flags Over Georgia II, L.P.,” see 69 Mercer L. Rev. 1 (2017).
For annual survey on construction law, see 69 Mercer L. Rev. 63 (2017).
For annual survey on product liability, see 69 Mercer L. Rev. 231 (2017).
For note, “Publicly Funded Private Security: A Critical Examination of Georgia Law Pertaining to the Private Employment of Off-Duty Police Officers,” see 51 Ga. L. Rev. 879 (2017).
For annual survey on trial practice and procedure, see 70 Mercer L. Rev. 253 (2018).
For annual survey on business associations, see 71 Mercer L. Rev. 15 (2019).
For annual survey on construction law, see 71 Mercer L. Rev. 57 (2019).
For annual survey on trial practice and procedure, see 71 Mercer L. Rev. 305 (2019).
For article, “2019 Georgia Corporation and Business Organization Case Law Developments,” see 25 Ga. St. B.J. 30 (June 2020).
For article with annual survey on labor and employment law, see 73 Mercer L. Rev. 137 (2021).
For article with annual survey on torts, see 73 Mercer L. Rev. 243 (2021).
For article with annual survey on trial practice and procedure, see 73 Mercer L. Rev. 265 (2021).